Home Intruder

[Dcineg]

Jurisdiction

California

My friend Dave is living in his childhood home, now owned by his sister. He was the only tenant until making a verbal agreement with a woman he met, to rent a room in the home. She paid the rent for a few months and then stopped. He asked her to leave and she refused. He tried to follow the eviction laws by posting a notice, which she ignored. Covid hit, and she has been living in his home rent free, utility free, for two years. He is disabled, and she has been verbally and physically abusive. When he called the police to make a report, she lied, putting blame on him. She has filled her room, the bathroom, the garage, and the back yard with boxes and all kinds of stuff. She never cleans, and basically walks all over him. She spit in his face even. He sister obtained a lawyer, but the tenant woman's free lawyer is asking for money and additional time to live there for free. How can laws allow this to happen? It is so wrong. Can ANYTHING be done to fix this?

 

[Tax Counsel]

Can ANYTHING be done to fix this?

He can get her out, he just needs the help of a lawyer since he evidently doesn't know how to do it himself. No one else is going to do this for him.

 

[mightymoose]

There are things that can be done, legally, to make it very inconvenient to stay there.

The utilities cant be turned off, but you can remove light bulbs. You can also pack away dishes, linens, toilet paper, shower curtains, and anything else the freeloader makes use of.
If the freeloader wants to stay it will cost them. They will have to purchase the things you no longer provide.

 

[army judge]

I have been told by people who know certain surly, slobbish, brutish men. These men guarantee to cause two legged leaches to vacate the premises upon payment of their fee.

How these men achieve the desired result is their trade secret.

 

[adjusterjack]

How can laws allow this to happen?

Laws don't protect people from their own foolishness.

 

[zddoodah]

My friend Dave is living in his childhood home, now owned by his sister. He was the only tenant until making a verbal agreement with a woman he met, to rent a room in the home.

Dave made an agreement with a woman to rent a room in his sister's home? Why did Dave believe he had the legal ability to make such an agreement? Does he lease the entire home from his sister and the agreement with the woman is a sublease? Is his lease with his sister in writing? In what county is this home located?

Covid hit, and she has been living in his home rent free, utility free, for two years.

You mean living in his sister's home. Why has Dave allowed this situation to exist for so long? Why hasn't he filed an eviction lawsuit?

He sister obtained a lawyer, but the tenant woman's free lawyer is asking for money and additional time to live there for free. How can laws allow this to happen?

How can laws allow what to happen? No law prohibits a person from asking for something. Also, laws merely say what is and isn't legal. It's up to people to take action to enforce the laws, and it appears that Dave and/or his sister have been sitting on their thumbs for a long time allowing the situation to exist.

It's not at all clear from your post whether this woman is a subtenant of Dave (in which case, Dave will need to take appropriate legal action) or a tenant of Dave's sister (in which case, she'll need to take legal action). One or the other of them will need to file an eviction lawsuit (called unlawful detainer).

Can ANYTHING be done to fix this?

Aside from evicting this woman, Dave is free to terminate his tenancy and move elsewhere.

The utilities cant be turned off, but you can remove light bulbs. You can also pack away dishes, linens, toilet paper, shower curtains, and anything else the freeloader makes use of.

I'm curious why you think it would be legal for the OP to do this. Also, what you're describing could be deemed a constructive eviction, which is illegal.